Campaign Action
Brian Kemp, the Republican governor of Georgia, on Tuesday signed into law HB 481, which outlaws almost all abortions after six weeks, when a “fetal heartbeat” can be detected. Mind you, this phrasing is intentionally misleading: While embryonic cardiac activity can be detected and technically is a “heartbeat,” 6-week-old embryos do not actually have hearts.
More importantly, six weeks is a time period at which many people don’t even know they’re pregnant. And if they do know, they may not yet have had time to decide if they want to keep their pregnancy or not.
Right now, Georgia’s law allows for abortions up to the 20th week of pregnancy. As of January 1, this new six-week law will supersede it. And if a person terminates their pregnancy on their own? According to this law, that’s murder. In fact, HB 481 also criminalizes even seeking out unlawful abortions.
Here’s what that looks like: If a pregnant person goes to a healthcare provider and requests an illegal abortion, they would be considered a “party to murder.” This means they could face life in prison. If a person miscarries, they may be subject to second-degree murder charges, which can result in punishment ranging between 10 and 30 years in prison. For example, this could apply if it’s suspected that a person’s drug use or drinking caused the miscarriage.
As Mark Joseph Stern pointed out at Slate, an additional aspect of this dystopian nightmare is that Georgians who seek abortions outside of Georgia may be charged with conspiracy to commit murder. Anyone who helps the pregnant person complete the journey, such as by driving them to a clinic, may also be charged with conspiracy. This law is absolutely nothing but an attempt to control and demean people who can become pregnant.
Cases of incest or rape (if reported to police, which is incredibly problematic in itself) are exceptions. If the fetus is determined not to be viable, and if the pregnancy puts the mother’s life at risk, abortion also remains an option.
“Georgia is a state that values life,” Kemp said before he signed HB 481. “We stand up for those who are unable to speak for themselves.” Of course, to Kemp, standing up for those who are “unable to speak for themselves” means stomping on pregnant people who can, indeed, speak for themselves.
Kemp seems to recognize that a legal battle is sure to ensue. For example, the ACLU of Georgia confirmed to CNN that it is already preparing a court challenge. Andrea Young, the group’s executive director, wrote, “Today’s women can only thrive in a state that protects their most basic rights — the right to choose when and whether to start a family. Georgia can’t afford to go backward on women’s health and rights. We will act to block this assault on women’s health, rights and self-determination.”
“But our job is to do what is right, not what is easy,” Kemp continued on the subject of a legal battle. “We will not back down. We will always continue to fight for life.” And make no mistake: “Life” here is only that of a fetus. It has literally nothing to do with the life of a pregnant person.
In the worst-case scenario, the legal battle could go all the way to the Supreme Court and a challenge to Roe v. Wade. And remember who is on the Supreme Court now? Oh, just a conservative majority, including Brett Kavanaugh.
Other states are on the same legal path as Georgia. In Mississippi, Kentucky, and Ohio, asinine “heartbeat” abortion bans have already been signed into law in 2019 alone. In West Virginia, Tennessee, Missouri, South Carolina, Texas, Florida, and Louisiana, conservative lawmakers are tossing around similar proposals.
Alabama is considering a law that would ban almost all abortions, period.
Dr. Leana Wen, the president of the Planned Parenthood Action Fund, said, “The bill signed by Governor Kemp bans abortions before many women even know that they are pregnant. It is so extreme that it criminalizes doctors who provide lifesaving care, and it even allows the state to investigate women for having miscarriages.”
People on Twitter (and everywhere), including elected officials, are horrified by this law.
Simon’s decision may have a huge impact—an enormous amount of filming happens in Georgia, and if people refuse to carry out film production in the state, the loss could tank its economy.
What will it take for Kemp and his allies to view pregnant people as people?